13.1. General. In the investigations, preparations and hearings of cases, the Commission shall not be bound by the technical rules of pleadings and evidence, but in that respect it may exercise such discretion as will facilitate its efforts to understand and learn all the facts bearing upon the right and justice of the matters before it. Evidence may be received which, in the opinion of the Commission, is the best evidence reasonably obtainable, having due regard to its necessity, availability and trustworthiness. In passing upon the admissibility of evidence, the Commission shall give consideration to, but shall not be bound to follow, the rules of evidence governing general civil procedures in courts of this State.
13.2. Testimony under oath. All testimony to be considered by the Commission in formal hearings, except matters administratively noticed or entered by stipulation, shall be by sworn or affirmed testimony.
13.3. Prepared testimony. Prepared testimony may be identified, marked and received as an exhibit. Admissibility shall be subject to the rules governing oral testimony. The party submitting prepared testimony shall supply copies to all parties of record.
13.4. Stipulation of facts. The parties to any proceeding or investigation before the Commission may, by stipulation in writing filed with the Executive Secretary, or entered in the record, agree upon the facts, or any portion thereof, involved in the controversy, which stipulation shall be binding upon the parties thereto and may be regarded and used by the Commission as evidence at the hearing. It is desirable that the facts be thus agreed upon whenever practical. The Commission may, however, require proof by evidence of the facts stipulated to, notwithstanding the stipulation of the parties.
13.5. Depositions. The testimony of any witness may be taken by deposition at the request of a party, in any proceeding or investigation at any time after the same is at issue, by the consent of the Commission. The Commission may, on its own motion, order testimony to be taken by deposition in any proceeding or investigation pending before it, at any stage of such proceeding or investigation. Such deposition shall be taken in the manner prescribed by the laws of West Virginia for taking deposition in civil cases in courts of record.
13.6. Discovery Requests. 13.6.1. "Discovery requests" as used in these Rules, include interrogatories, requests for the production of documents and things, and requests for admissions. Discovery requests do not include Staff or Commission requests made pursuant to statutory authority.13.6.2. A party may serve discovery requests in writing upon the attorney for a party, if such party is represented by an attorney, or directly upon unrepresented parties, by first class mail, email or by hand delivery. Discovery requests must be pertinent to substantial issues in the proceeding. Copies of discovery requests, together with a certificate of service, shall be filed with the Executive Secretary and served upon all parties.13.6.3. Parties served with discovery requests shall respond to each request separately and fully, in writing. The responses shall re-state each request, and give the response to that request. The party responding shall verify the responses. If responses prepared by several persons are compiled by one person the person compiling the responses shall verify the responses one time. Responses to discovery requests shall be served within twenty (20) days after such discovery requests were served, or within such specified time as may be fixed by the Commission. Responses shall be served only upon the requesting party and any other party that has made a written request for the responses. The party responding shall file one (1) copy with the Executive Secretary. 13.6.3.a. Responses to discovery requests are not part of the evidentiary record of a case unless identified responses are made a part of the record by the parties or by Commission order.13.6.4. The party responding to discovery requests shall file any written objections to discovery requests within fourteen (14) days after service of discovery requests or such shorter time as directed by the Commission. The responding party may defer responses to discovery requests to which it has made objection until the Commission rules on any motion to compel. If a motion to compel is granted, the responses shall be served within ten (10) days after notice of the Commission's action, or as otherwise ordered by the Commission.13.6.5. Objections to discovery requests not timely filed are waived, except for good cause shown.13.6.6. The Commission will not resolve discovery disputes unless a motion is filed seeking Commission action. The parties have the responsibility to file timely discovery motions, including motions to compel the production of information or motions seeking protective orders.13.7. Record of the case. 13.7.1. Exhibits at hearing. All maps, prints, writings, statements or documents, to be used as an exhibit at a hearing, must be accompanied by sufficient copies for each Commissioner, the court reporter and the law clerk when a case is before the Commissioners and when a case is before an ALJ one copy for the ALJ and one for the court reporter, in addition to copies needed for other parties to a case, unless the parties were previously served with the exhibit.13.7.2. Staff Reports. Reports of investigation made in any case by the Commission, or by any employee of the Commission, whether made before or after the hearing, will become a part of the record in the case and be considered by the Commission. Upon the submission of any such report to the Commission, a copy thereof will be furnished by the Executive Secretary to each party to the proceeding. If a party desires to give further evidence with regard to such report, the party shall notify the Commission in writing within ten (10) days of the filing date of the report. Whereupon the Commission may set the matter for further hearing or take such action as the circumstances of the case may require.13.7.3. Original Documents. The Executive Secretary shall keep in his/her custody and be responsible for the original, or one counterpart, of all maps, prints, writings, statements or documents made a part of the record as aforesaid.13.8. Objections. Any evidence offered in whatever form shall be subject to appropriate and timely objection. When objection is made to the admissibility of evidence, such evidence may be received subject to later ruling by the Commission. The Commission, in its discretion, either with or without objection, may exclude inadmissible, incompetent, cumulative, or irrelevant evidence, or order the presentation of such evidence discontinued. Parties objecting to the introduction of evidence shall briefly state the grounds of objection at the time such evidence is offered. Formal exceptions to rulings considering the admissibility of evidence are not necessary and need not be taken.
W. Va. Code R. § 150-1-13